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NY H82234





June 18, 2001

CLA-2-94:RR:NC:SP:233 H82234

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.40.0000

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification and country of origin of futon frames from Canada.

Dear Mr. Kavanaugh:

In your letter dated May 23, 2001, on behalf of Mobilier Rustique, you requested a ruling on tariff classification and country of origin marking.

The merchandise to be imported consists of futon frames, without mattresses, comprised of components from Canada, China and Taiwan. The metal seat and back component is imported from China and is then shipped to the United States as a component of the finished futon frame.

The applicable subheading for the futon frames will be 9401.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for seats other than garden seats or camping equipment, convertible into beds. The rate of duty will be free.

Regarding country of origin marking, noting your submitted cost breakdown and physical examination by FNIS Peter Forttrell of Champlain, the futon is considered a product of Canada and must be marked accordingly.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Lawrence Mushinske at 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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